212.627.8100
Non-compete agreements, whether stand-alone or in employment or severance agreements, almost always violate the National Labor Relations Act, according to the National Labor Relations Board General Counsel, Jennifer Abruzzo. A non-compete is a contractual term between an employer and a worker that goes into effect once the employee stops working for that employer. It attempts…
Category Archives: Employment Representation
Pumping at Work? Department of Labor Issues Additional Guidance for Nursing Employees
The U.S. Department of Labor recently issued additional guidance on employees’ rights to pump milk at work under the Providing Urgent Maternal Protections for Nursing Mothers Act (the PUMP Act). The Fair Labor Standards Act (FLSA) was amended in 2010 to guarantee reasonable break time and space for employees pumping milk at work. The PUMP…
Chatbots in Hiring? EEOC Says Artificial Intelligence Used in Hiring and Firing Is Subject to Employment Discrimination Law
The U.S. Equal Employment Opportunity Commission (EEOC) recently released guidance explaining how anti-discrimination law applies to the use of artificial intelligence in hiring, firing, and promotion decisions. As Artificial Intelligence (AI) and algorithmic tools become more prevalent, it becomes increasingly essential for workers to understand how anti-discrimination laws might protect them. Title VII is a…
Pregnant Workers Fairness Act Expands Protections for Pregnant Workers
On June 27, 2023, the Pregnant Workers Fairness Act (PWFA) will go into effect, providing new protections for pregnant workers across the United States. The PWFA will require employers with 15 or more employees to provide reasonable accommodations to workers for known limitations related to pregnancy, childbirth, or related medical conditions, unless it would cause…
Can a Potential New York Employer Ask My Current Salary?
In October 2017, New York City made it illegal for private and public employers to ask about a job applicant’s salary history. Employers can’t ask about other benefits or compensation a job applicant received either and includes questions directly asked by the employer or the employer’s employees, like a human resources representative. Employers can speak…
Expanding Job Opportunities in Financial Institutions for Many with Criminal Records
On December 29, 2022, President Biden signed legislation, which includes the passage of the Fair Hiring in Banking Act. The Act expands job opportunities in banking and financial institutions for those with a previous criminal offense. The new law is in line with a growing number of jurisdictions across the country that have prohibited private…
Goodbye Secret Settlements? National Labor Relations Board Says No to Broad Confidentiality and Non-Disparagement in Severance Agreements
On February 21, 2023, the National Labor Relations Board decided in McLaren Macomb that Employers violate federal labor law if they offer severance agreements that include broad confidentiality clauses and/or non-disparagement clauses. Section 7 of the National Labor Relations Act protects workers’ right to engage in “concerted activities for the purpose of collective bargaining or…
New York State Amends the State’s Pay Transparency Law
On March 3, 2023, New York Governor Kathy Hochul signed amendments to the New York Pay and Transparency Law. The New York Pay and Transparency Law, which was originally signed into law in December 2022, requires employers to list salary ranges for all advertised jobs and promotions. The recent amendments make significant changes to both…
Pumping? Your Rights to Break Time and Private Space
On December 29, 2022, President Biden signed legislation, which includes the passage of the PUMP for Nursing Mothers Act (“PUMP Act”). PUMP stands for “Providing Urgent Maternal Protections,” and expands the rights of nursing employees to have time and a private space to pump breastmilk at work. The PUMP Act expands coverage to workers in…
Family Medical Leave Can Be Taken in Increments of Less than a Day
On February 9, 2023, the Wage and Hour Division of the United States Department of Labor released an opinion letter clarifying that employees can take leave under the Family and Medical Leave Act (“FMLA”) in increments, including increments that are less than a full workday. FMLA protects the right of eligible employees to take unpaid,…